SREENIVASAN NAMBOOTHIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the observations of the Sessions Court, Kottayam in an anticipatory bail order that an employee of the Devaswom Board is not a public servant coming under the purview of Ss. 332 and 353 I.P.C, the de facto complainant in Crime No.1211/2020 of Kanjirappally Police Station, who works as permanent Shanti (Priest) in a temple under the Travancore Devaswom Board, has filed this petition under Sec. 482 Cr.P.C to set aside the above conclusion of the Sessions Court and to expunge the findings in the above regard in the relevant paragraphs of the bail order. According to the petitioner, the investigating agency, getting misguided by the above findings of the learned Sessions Judge, dropped Ss. 332 and 353 I.P.C which were initially slapped against respondents 2 and 3 herein who allegedly physically assaulted the petitioner inside the temple where he works, and prevented him from the discharge of his official duty.

(2.) The aforesaid observation was made by the learned Sessions Judge, Kottayam in the order dtd. 8/12/2020 in Crl.M.P. (Temporary) No.455/2020 in Crime No.1211/2020 of Kanjirappally Police Station while granting pre-arrest bail to respondents 2 and 3 herein. The accusation against respondents 2 and 3 was that on 27/10/2020 at about 7:30 a.m, they physically assaulted the petitioner herein near the Nalambalam of Madura Meenakshi Temple, Kovilkadavu, Kanjirappally while he was engaged in his official duty as Melshanti of that temple, with the intention to deter him from the discharge of his official duty. After elaborately dealing with Sec. 21 of the Indian Penal Code, the learned Sessions Judge embarked upon an analysis as to whether an employee of Devaswom Board could be considered as a person 'in the service or pay of a local authority, a Corporation established by or under a Central, Provincial or State Act or a Government Company ' as contained in Clause (b) of the twelfth description of Sec. 21 of the Indian Penal Code. By adverting to the law laid down by this Court in C.R.Chandrasekhara Menon v. State [1958 KLT 1190], Abdul Rehman v. State of Kerala [2020 (3) KLT 628], T.V.Krishna Das v. Guruvayoor Devaswom Managing Committee and Others [W.P.(C) No.29018/2010 (DB)] and Accountant General of Kerala v. N.Bhaskaran Nair [W.A.No.621/1994], the learned Sessions Judge held that an employee of the Devaswom Board is not a Government Servant and that he is not doing any public duty. On the basis of the above finding, pre-arrest bail was granted to respondents 2 and 3 herein.

(3.) Heard the learned counsel for the petitioner, the learned Public Prosecutor representing the first respondent and the learned counsel for respondents 2 and 3.